Description
Efnisyfirlit
- Cover
- Half Title
- Title Page
- Copyright Page
- Brief Contents
- Detailed Contents
- Preface
- 1 Introduction: Making Sense of Law and Society
- Learning Objectives
- Overview of the Study of Law and Society
- Social Scientists and Lawyers
- Definitions of Law
- Types of Law
- Major Legal Systems
- Romano-Germanic System (Civil Law System)
- Common Law System
- Socialist Legal System
- Islamic Legal System
- Principal Functions of Law
- Social Control
- Dispute Settlement
- Social Change
- Dysfunctions of Law
- Paradigms of Society
- The Consensus Perspective
- The Conflict Perspective
- The Role of the Social Scientist
- Summary
- Key Terms
- Suggested Readings
- References
- 2 Theoretical Perspectives
- Learning Objectives
- Evolution of Legal Systems
- Traditional Legal Systems
- Transitional Legal Systems
- Modern Legal Systems
- Theories of Law and Society
- The European Pioneers
- Classical Sociological Theorists
- Sociolegal Theorists
- Contemporary Law and Society Theorists
- Current Intellectual Movements in Law and Society
- The Functionalist Approach
- Conflict and Marxist Approaches
- The Critical Legal Studies Movement
- Feminist Legal Theory
- Critical Race Theory
- Summary
- Key Terms
- Suggested Readings
- References
- 3 The Organization of Law
- Learning Objectives
- Courts
- Dispute Categories
- The Organization of Courts
- Participants in Court Processes
- The Flow of Litigation
- Criminal Cases
- Civil Cases
- Legislatures
- The Functions of Legislatures
- The Organization of Legislatures
- Participants in the Legislative Process
- Administrative Agencies
- The Organization of Administrative Agencies
- The Administrative Process
- Law Enforcement Agencies
- The Organization of Law Enforcement Agencies
- Police Discretion
- Summary
- Key Terms
- Suggested Readings
- References
- 4 Lawmaking
- Learning Objectives
- Perspectives on Lawmaking
- The Rationalistic Model
- The Functionalist View
- The Conflict Perspective
- Moral Entrepreneur Theory
- A Final Word on Theories of Lawmaking
- Legislation
- Legislation and Social Issues
- Pre-Lawmaking Activities
- Administrative Lawmaking
- Administrative Rulemaking
- Administrative Adjudication
- Judicial Lawmaking
- Lawmaking by Precedents
- Lawmaking by Interpretation of Statutes
- The Interpretation of Constitutions
- Influences on Lawmaking
- Interest Groups
- Public Opinion
- Lawmaking and Social Science
- Sources of Impetus for Law
- Detached Scholarly Diagnosis
- Nonacademic Writing
- Protest Activities and Social Movements
- Public-Interest Groups
- The Mass Media
- Summary
- Key Terms
- Suggested Readings
- References
- 5 Law and Social Control
- Learning Objectives
- Informal Social Control
- Formal Social Control
- Criminal Sanctions
- Discord over the Death Penalty
- Civil Commitment
- Crimes without Victims
- Drug Use
- Prostitution
- Gambling
- White-Collar Crime
- Extent and Cost of Corporate Crime
- Legal Control of Corporate Crime
- Social Control of Dissent
- Administrative Law and Social Control
- Licensing
- Inspection
- Threat of Publicity
- Summary
- Key Terms
- Suggested Readings
- References
- 6 Law and Dispute Resolution
- Learning Objectives
- A Note on Terminology
- Methods of Dispute Resolution
- Lumping It and Avoidance
- Primary Resolution Processes
- Hybrid Resolution Processes
- Dispute Resolution in Review
- Demands for Court Services in Dispute Resolution
- Variation in Litigation Rates
- Prerequisites for the Use of Courts in Dispute Resolution
- Individuals and Organizations as Disputants
- Disputes between Individuals
- Disputes between Individuals and Organizations
- The Courts as Collection Agencies
- Disputes between Organizations
- Summary
- Key Terms
- Suggested Readings
- References
- 7 Law and Social Change
- Learning Objectives
- Reciprocity between Law and Social Change
- Social Changes as Causes of Legal Changes
- Law as an Instrument of Social Change
- Indirect and Direct Effects of Law on Social Change
- Additional Considerations Regarding Law’s Effect on Social Change
- The Efficacy of Law as an Instrument of Social Change
- Advantages of Law in Creating Social Change
- Legitimate Authority
- The Binding Force of Law
- Sanctions
- Limitations of Law in Creating Social Change
- Elites and Conflicting Interests
- Law as Only One of Many Policy Instruments
- Morality and Values
- Resistance to Change
- Social Factors
- Psychological Factors
- Cultural Factors
- Economic Factors
- Summary
- Key Terms
- Suggested Readings
- References
- 8 The Legal Profession
- Learning Objectives
- Origins of the Legal Profession
- Understanding Professions and Professionalization
- The Emergence of Attorneys
- Evolution of the American Legal Profession
- Post-Revolutionary America
- 1870 and beyond
- Gender and Race in the Legal Profession
- The Rise of the Corporate Attorney
- The Legal Profession Today
- The Negative Image of Lawyers
- The Employment of Lawyers
- Revenue Streams: Lawyers and Money
- Competition for Business
- Legal Services for the Poor and the Not So Poor
- Law School
- A Brief Look at Enrollment and Admission
- Women and People of Color in Law School
- The Training and Socialization of Law Students
- Bar Admission
- Licensing
- Character and Moral Fitness
- Bar Associations as Interest Groups
- Professional Discipline
- Summary
- Key Terms
- Suggested Readings
- References
- 9 Researching Law in Society
- Learning Objectives
- Methods of Inquiry
- Historical Methods
- Observational Methods
- Experimental Methods
- Survey Methods
- The Impact of Sociology on Social Policy
- Contributions of Sociology to Policy Recommendations
- Contributions of Sociology to Enacted Policy
- Evaluation Research and Impact Studies
- Dimensions of Policy Impact
- Measuring Law’s Impact
- Summary
- Key Terms
- Suggested Readings
- References
- 10 Epilogue: Law and Inequality in a Changing America
- Learning Objectives
- Race and Ethnicity
- Race/Ethnicity and the Law Today
- Social Class
- Gender
- Sexual Orientation and Gender Identity
- Summary
- Key Terms
- Suggested Readings
- References
- Index




